Gonzales v. Raich — Scalia, J., Concurring

Summary

Justice Scalia concurred in the judgment, agreeing that the Controlled Substances Act applies to respondents’ cultivation of marijuana for personal use, but reasoned that Congress’s power derives from the Necessary and Proper Clause combined with the Commerce Clause to regulate intrastate activities necessary to make interstate regulations effective. He argued that the Commerce Clause permits regulation of intrastate activities that could undercut a comprehensive scheme, unlike the limited 'substantial effects' test discussed in Lopez. Justices Thomas and O’Connor dissented.